The “Z-word” is Back in Houston

In January, an explosion at a metal fabricating facility in Houston killed two workers and damaged hundreds of nearby buildings and homes. The tragedy has provided some with a renewed zeal to point out the alleged dangers of Houston’s lack of zoning.

One Houstonian was quoted in an AP story:

I feel like it needs to be separated, businesses from residential areas. If they (have) businesses around here with chemicals, probably they have to be maintained more often, more inspections for them.

Certainly, most people would prefer to not have a petrochemical plant or similar business for a neighbor. But, while the article cited above is quick to note the dangers of living near such facilities, it makes no mention of why people are living near such facilities.

If someone buys or rents a home near a petrochemical plant, they cannot legitimately complain about the noise and odors. They made a choice as to where to live, and they must accept the consequences of that choice. In such instances, the resident “came to the nuisance.” That is, the noise and foul odors were there before the resident voluntarily moved in.

However, if the plant or facility was built after the homes were and then begins fouling the air or making excessive noise, the residents have a valid complaint. They have a right to use their property as they have been doing. A residential neighbor can’t sent plumes of smoke into his neighbor’s yard or play loud music late at night. Nor can a plant or facility be built and operated in a manner that disrupts the peace of the existing residents.

The solution to this rather isolated problem isn’t zoning or other land-use regulations. The solution is properly define and protect property rights.